Table of contents
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – APPLICABILITY
ARTICLE 3 – THE OFFER
ARTICLE 4 – CONTENTS INSURANCE
ARTICLE 5 – REMOVAL PRICE
ARTICLE 6 – THE AGREEMENT
ARTICLE 7 – INFORMATION OBLIGATION OF THE CUSTOMER
ARTICLE 8 – OBLIGATIONS OF THE REMOVER
ARTICLE 9 – HAZARDOUS ITEMS OR SUBSTANCES
ARTICLE 10 – CUSTOMS FORMALITIES
ARTICLE 11 – MODIFICATION OF THE CONTRACT WHEN MOVING
ARTICLE 12 – CANCELLATION AND DISSOLUTION
ARTICLE 13 – PAYMENT
ARTICLE 14 – LIABILITY OF THE REMOVER
ARTICLE 15 – LIABILITY OF THE CUSTOMER
ARTICLE 16 – CLAIM NOTIFICATION
ARTICLE 17 – COMPENSATION FOR LIABILITY
ARTICLE 18 – COMPLAINTS
ARTICLE 19 – APPLICABLE LAW
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions shall apply:
Customer: the client and/or consumer whose removal goods are the subject of the removal contract;
Consumer: the consumer, a natural person, acting for purposes outside his business or professional activity;
Movers: the moving company that performs the move;
Removal contract: the contract of carriage of goods whereby the Remover undertakes to the Client to transport removal goods either exclusively in a building or dwelling, or partly in a building or dwelling and partly by road, or exclusively by road;
Removal goods: items located in a covered or uncovered space that are intended for the upholstery, furnishing or decoration of that space and have already been put into use as such;
Contents: all moving goods covered by the moving contract; money and monetary instruments are not included in contents;
Consumer removal: removal of the household contents of a natural person not acting in the exercise of a profession or business;
Business: any company or institution, whether independently established or not, whether for profit or not;
Damage caused by delay: property damage resulting from delayed delivery of removal goods, as referred to in Article 6:96 of the Dutch Civil Code;
New value: the amount that would have been required immediately prior to the damage or loss to purchase new goods of the same type and quality;
Current market value: the new-for-old value less an amount for depreciation due to aging or wear and tear;
Market value: the amount for which an item can be traded on the regular market;
Additional work: the additional work to be performed by the Remover at the request of the Client which was not agreed upon the conclusion of the removal contract. This shall in any case include work not specified in the quotation, such as (dis)assembly, packing and unpacking of removal boxes, connecting and disconnecting equipment, walking distances of more than 10 metres from the back of the removal van to the front door, or moving items of furniture to a different room from that from which they came, for example a sofa from the living room to the attic.
ARTICLE 2 – APPLICABILITY
1. These General Terms and Conditions apply to consumer removals:
– within a building;
– or in the case of transport exclusively by road, including transport of trucks by ferry or rail within Europe, as part of the road transport route (such as transport to the United Kingdom by ferry or via the Channel Tunnel);
– or a combination thereof, to the extent that these removals take place within, from or to the Netherlands.
2. For removals that are (partly) not performed by road, other general conditions may be agreed upon.
3. These general conditions do not apply to:
– consumer removals overseas;
– consumer removals ordered by a third party that take place against the will of the owner of the removal goods, such as house evictions;
– the sale or rental of materials used by the customer to perform a removal at his own expense and risk.
4. If storage space is also rented in connection with the move, Oomen Storage’s General Terms and Conditions shall apply. These can be found at www.oomen.com.
ARTICLE 3 – THE QUOTATION
1. The quotation shall be issued in writing or electronically.
2. The quotation shall in any event state:
– the work to be performed by the Remover;
– the price of that work, including VAT;
– the method of calculating the price, whether on a cost-plus basis, with an estimate or as a contract price;
– the time and method of payment;
– that the household effects will be insured during the removal within the Netherlands up to a sum of €125,000 in accordance with Article 4 of these Terms and Conditions;
– that these General Terms and Conditions will apply to the work to be performed. A copy of these Terms and Conditions shall be sent digitally together with the quotation or shall be provided to the Client no later than upon conclusion of the removal contract.
3. The quotation is dated and valid for thirty days from the date of quotation.
ARTICLE 4 – INSURANCE OF HOUSEHOLD EFFECTS
1. The Remover has insured the Client’s household effects during the removal within the Netherlands against liability up to €125,000.
2. The following provisions shall additionally apply to claims payments under this insurance:
– the household effects, with the exception of vehicles and vessels mentioned below and objects of antiquarian or rarity value, are insured on the basis of the new value, unless the current market value is less than 50% of the new value; in that case, the current market value will be reimbursed;
– in the case of motor vehicles, trailers, caravans, vessels and their parts and accessories, payment is always based on the current market value;
– for objects with antiquarian or rarity value, a payment based on market value applies;
– the difference between the value of the insured goods immediately before and immediately after the event, or, at the insurer’s option, the repair costs determined by experts, plus any unabsorbed depreciation determined by experts, shall be considered damage;
– for theft of body jewelry, there is a maximum coverage of €5,000 per event;
– for damage to items intended for commercial or professional use, a maximum compensation of €25,000 per event is granted.
3. Valuation is carried out by experts, or on the basis of preliminary valuation provided a valid valuation report is available. This preliminary valuation is valid for three years from the date of the report.
4. Repair or replacement of (partially) lost or missing goods may take place only after the Client and Remover, or the loss adjuster or insurer, have reached agreement on the amount of the damage, or as soon as the damage has been sufficiently documented.
ARTICLE 7 – OBLIGATION OF THE CLIENT TO PROVIDE INFORMATION
1. The Client shall inform the Remover in a timely manner of:
– all items whose presence poses a special risk of damage to the removal goods or business equipment;
– all objects of a technical nature for which the manufacturer has prescribed special security measures prior to the commencement of carriage;
– all objects of a special nature, subject to special regulations of the manufacturer/supplier or domestic and foreign authorities, such as valuable objects, art objects, collections, firearms.
2. With respect to the removal, the Client shall inform the Remover in a timely manner of:
– particulars of the new residential location (such as a living room on a floor);
– other relevant circumstances (such as a broken street on the removal day), unless the Remover should reasonably have known these details.
ARTICLE 8 – OBLIGATIONS OF THE REMOVER
1. The Remover is obliged to:
– deliver removal goods to the agreed destination in the condition in which they were handed over for packing, dismantling or transport;
– complete a removal that has been started without undue delay.
2. The obligations of the Remover shall end as soon as the removal goods are delivered at the agreed place.
ARTICLE 9 – HAZARDOUS ITEMS OR SUBSTANCES
1. Where the Client hands dangerous items/substances to the Remover, he shall report the nature of the danger and precautions to be taken.
2. The Remover may refuse to move dangerous items/substances if it has not been informed of them in advance.
3. Unexpectedly presented hazardous items/substances may be unloaded, rendered harmless or destroyed by the Remover at the expense of the Client. The Client shall be liable for the costs and damages.
ARTICLE 10 – CUSTOMS FORMALITIES
For cross-border removals by road:
– the Remover informs the Client about customs regulations;
– provides the Client with necessary documents and information for formalities.
ARTICLE 11 – MODIFICATION OF THE CONTRACT WHEN MOVING
1. The customer may modify the performance of the removal contract, provided that it is feasible and without disruption of business operations. Necessary costs and disadvantages shall be borne by the customer. Saved costs will not be charged. Cancellations are subject to the cancellation rates in Article 12, paragraph 1.
2. In the event of unforeseen circumstances, the Remover may:
– request new instructions from the Client;
– or, if impossible, take measures in the Client’s interest.
ARTICLE 12 – CANCELLATION AND DISSOLUTION
1. Cancellation is possible at any time. The client shall reimburse:
– 20% of the removal price for cancellation up to 60 days before the removal date;
– 50% for cancellation up to 14 days before the removal date;
– 75% for cancellation up to 7 days before the removal date;
– 100% for cancellation within 7 days before the removal date.
2. Dissolution is permitted if the Remover cannot perform the move on the agreed day/time. The Client must report this immediately.
3. Dissolution is possible in the event of unforeseen circumstances that were unknown when the contract was concluded and which, if known, would constitute grounds for not entering into the contract.
4. Dissolution shall be in writing/electronically and shall be effective upon receipt.
5. The parties shall compensate each other for demonstrable damage, up to a maximum of the removal price.
ARTICLE 13 – PAYMENT
1. Payment is made electronically or by bank transfer, unless otherwise agreed. Payment shall be made upon presentation of the invoice.
2. Where payment is refused, the Remover may suspend the removal and, with the permission of the court, proceed to store and sell the removal goods.
3. In the event of payment default, the Remover shall send a reminder with a 14-day deadline. After this period, statutory interest and reasonable collection costs may be claimed.
4. Where the Client is not the owner of the removal goods, separate arrangements shall be made regarding payment and delivery. In the event of non-payment by the principal, the owner shall be liable.
5. No set-off of claims shall be permitted, unless agreed in writing or electronically.
ARTICLE 14 – LIABILITY OF THE REMOVER
1. The Remover shall be liable for damage caused by failure to comply with Article 9, unless this is due to circumstances which a diligent Remover could not avoid. Damage shall be assessed partly in accordance with Article 4. In the event of damage caused by delay, the liability shall be limited to the removal price.
2. The Remover may not invoke:
– defects to the vehicle used;
– defects to materials, unless supplied by the Client;
– damage caused by third parties other than the Client.
3. The Remover shall not be liable in the event of damage caused by:
– packing, unpacking or (de)assembly by the customer or third parties;
– help from family, friends or third parties in the move;
– deviant packing or execution methods chosen by the customer;
– the nature or condition of the moving goods themselves (such as leakage, plant decay, loss of money, precious metals, documents or collections, unless reported in advance);
– failure of electronic or mechanical equipment to function.
4. In the event of proof of damage from the above-mentioned risks, it shall be assumed that the damage resulted therefrom, subject to proof to the contrary by the customer.
5. The Remover shall be liable for goods left behind or wrongfully taken if it was or should have been aware of them.
6. In the event of the Client’s refusal to accept goods or seizure, the Remover may store them at the expense and risk of the Client.
7. The Remover shall not further be liable for damages beyond breach of its obligations under Article 9.
ARTICLE 15 – CUSTOMER LIABILITY
1. The client shall be liable for damage or costs resulting from the failure to provide, or the inadequate provision of, information under articles 8, 10 and 11, unless this cannot be imputed to him.
2. If the client prevents performance, the client shall compensate the damage, up to a maximum of the removal price. Cancellation is covered by Article 12.
3. The Client shall indemnify the Remover against claims from third parties for damage or penalties related to the Client’s acts or omissions, such as illegal goods in the household effects.
ARTICLE 16 – DAMAGE REPORT
Damage upon delivery must be reported by the Client immediately by e-mail or via the Remover’s portal. If inspection upon delivery is not possible, the Client must declare this in advance or at the latest upon delivery in writing or electronically. Damage must be reported in writing or electronically within two working days at the latest. Without notification within this period, it is assumed that there is no damage.
ARTICLE 17 – COMPENSATION FOR LIABILITY
1. If no recourse to insurance (Article 4) is possible, a liability limit of €10,000 per household contents shall apply (in accordance with Article 8:1182 of the Dutch Civil Code).
2. When moving multiple household effects, the liability limit per household effects shall apply.
3. Limitations of liability do not apply in the event of intentional, deliberate recklessness or omission with the knowledge of possible damage.
4. Claims lapse one year after delivery of the removal goods.
ARTICLE 18 – COMPLAINTS
Complaints regarding the performance of the contract must be submitted in full, clearly and timely to the Remover in writing or via the portal. Late submission may result in forfeiture of rights.
ARTICLE 19- APPLICABLE LAW
1. All agreements between the Remover and the Client shall be governed by Dutch law.
2. All disputes arising from or relating to the contract between the Remover and the Client, including disputes concerning the existence and validity thereof, shall be settled by the competent court in The Hague, unless mandatory statutory provisions designate another court as competent.
3. Prior to the submission of a dispute to the court, the parties shall make reasonable efforts to settle the dispute by mutual consultation.
